What kind of problems do they handle?

Dispute resolution schemes

For the four dispute resolution schemes, your complaint must generally relate to:

a breach of contract

not following industry standards, or any relevant code of practice or laws

any conduct that is not fair or reasonable in the circumstances

misleading information or inappropriate advice such as suitability of the product for your needs

not disclosing fees and/or terms of the contract

debt recovery and repossession action

decline of an insurance claim or cancelling of a policy (usually due to non-disclosure)

policy and contract interpretation

transaction disputes.

Complaints the schemes can’t hear include:

complaints about anything related to the FSP’s commercial judgement, such as whether to give you a loan, interest rates, standard fees and charges

losses caused by third parties or uninsured losses

premiums, charges, excesses, returns, or underwriting decisions

complaints before the courts, the Disputes Tribunal, or that have been settled in mediation.

Motor Vehicle Disputes Tribunal

Motor Vehicle Disputes Tribunal (MVDT) deals with claims under the Consumer Guarantees Act, or if you have been misled under the Fair Trading Act.

Claims must be against a registered motor vehicle dealer or an unregistered dealer who has a business selling motor vehicles. They can’t hear claims against private sellers. The MVDT can’t hear claims about certain vehicles such as mopeds, any kind of farm machinery, or trailers.

The Disputes Tribunal

The Disputes Tribunal deals with claims up to $15,000 (or $20,000 if both parties agree in writing):

against a motor vehicle trader for compensation and/or a refund under the Consumer Guarantees Act and the Fair Trading Act

against the loan company to vary or cancel the loan contract under the Credit Contracts and Consumer Finance Act.

What do I need to do?

Contact your financial service provider (FSP) or insurer to try to if resolve the complaint.

If you can't resolve the complaint, contact your FSP or insurer's dispute resolution scheme and follow their complaints procedure.

What else do I need to consider?

All the dispute resolution schemes are free for you.

A financial services provider must belong to one of the four dispute resolution schemes so you will need to check which one they belong to. This should be on their bills or website or you can use the FSP register(external link).

Some of the schemes have set time limits to complain. Check the details for your FSP's scheme for more information. Your dispute cannot be about an amount exceeding $200,000 or $1,500 per week.

Each of the schemes offer different remedies. Check your FSP's scheme's website for more details.

The Disputes Tribunal and MVDT

The filing fee for a claim in the MVDT is currently $50 including GST.

Both the MVDT and the Disputes Tribunal hearing processes are informal. Lawyers cannot participate in the process, but the trader must. You are responsible for paying the costs and expenses of any witnesses you call to give evidence.

The MVDT or Disputes Tribunal can order that:

your contract is changed to compensate you for your loss

the trader fully refunds you for the vehicle

you’re compensated for the loss you’ve suffered e.g. cost of repairs or reduction in value of the vehicle

the motor vehicle trader pays off any loans you took to buy the motor vehicle.

For a dispute with a private seller, the Disputes Tribunal can order the seller to:

cancel the sale and refund your money

pay compensation for the loss in value of the car.

It takes longer to get a hearing before the MVDT than the Disputes Tribunal. If you live outside a main centre, it can take many months to get a hearing before the MVDT.

Where can I get more information?

Insurance and Financial Services Ombudsman

Provides information about the Insurance and Financial Services Ombudsman and how to make a complaint.

The Commerce Commission

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